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(영문) 의정부지방법원 2018.03.30 2017가단3574

건물명도

Text

1. The Plaintiff:

A. Defendant B indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 1-2 of the real estate in the separate sheet No. 2.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association approved on January 31, 201 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the aim of promoting a housing redevelopment project within the area of 132,521.4 square meters (hereinafter “132,479 square meters”).

B. On March 31, 2015, the Plaintiff received authorization for the implementation of the said housing redevelopment project from the Gu government market on March 31, 2015, and then received the authorization for the implementation of the project on November 4, 2016, and the Gu government market published the approval for the implementation plan in the official bulletin on November 4, 2016 by the Gu government government government.

C. Defendant B leased and occupied the portion (A) on the part of 48.6 square meters in the ship, which successively connects each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Form No. 2 list in the said housing redevelopment project zone. Defendant D leased and occupied the second floor of 7.94 square meters in the real estate listed in the attached Table No. 2 list.

[Reasons for Recognition] Evidence A 1 to 4, Evidence A 5-3, the purport of the whole pleadings

2. The assertion and judgment

(a) Articles 3 and 49 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017);

(6) When the public announcement is made pursuant to the provisions of paragraph (3), any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54.

Provided, That this shall not apply where a right holder whose consent has been obtained from a project operator or compensation for losses has not been completed under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

According to the housing redevelopment project, the housing redevelopment project.